Asbestos is a naturally occurring mineral. It has been used for multiple purposes, including construction, textiles, and automobiles.
However, its use has been banned in many states due to the health risks it causes. Exposure to the mineral is carcinogenic and can be fatal. Asbestos kills 12,000 to 15,0000 people per year in the US.
Due to this, businesses dealing with asbestos are under scrutiny at all times. If you are an employer working in an industry where exposure is a risk, you must be aware of the legal and safety obligations you are likely to face.
This article will highlight all you need to know to avoid asbestos-related lawsuits.
Legal Responsibilities
Under OSHA, employers must legally provide employees with a safe working environment.
In the context of asbestos, this includes identifying and assessing hazards, monitoring air quality, maintaining proper ventilation, and providing employees with protection equipment, such as respirators.
According to law, buildings must be checked for asbestos. If it is found, employers have to take action to remedy the situation.
These guidelines are precise and binding. So, not adhering to them can result in legal action against your business.
If your employees are diagnosed with asbestos-related disease, you will have to pay them compensation. They may also file for an asbestos lawsuit.
If they can prove negligence from your side, the consequences can be severe: your business license might be suspended or revoked.
Mitigating the Risk of Lawsuits
The ramifications of a lawsuit are dire, as stated above. Here is how you can avoid them:
1. Establish Clear Policies
You must have unambiguous policies and protocols for managing asbestos-related risks or scares at work. Develop a comprehensive management plan. This should outline identifying, assessing, and mitigating hazards.
Regular asbestos inspections, risk assessments, and abatement activities should also be included here. Remember to maintain clarity and transparency while documenting these procedures.
Having records of your proactive approach to dealing with potential incidents can be helpful in multiple ways. First, it will help you in legal challenges and cases and can be presented as proof.
Additionally, being ready for crises in this way will likely motivate your employees and make them trust you more. As a result, you might eliminate the risk of facing a lawsuit from your workers altogether.
2. Insurance Coverage
Regularly review your insurance policies, and make sure that they offer adequate coverage in case of a lawsuit. In addition to standard general liability insurance, file for specialized environmental coverage to provide sufficient protection.
This insurance will address the unique hazards of asbestos. It will also cover the legal costs of defending against claims, such as attorney fees.
The right insurance coverage will save you administrative costs and safeguard your business’s long-term viability.
3. Settlement
Lawsuits are expensive and time-consuming. More importantly, they can cause irreversible damage to your reputation. Do your best to settle out of court. Work with your legal team and a commercial lawyer to negotiate a settlement with your employee.
An early settlement can allow you to reach a financial agreement without admitting liability. This will reduce both the costs and duration of the proceeding.
Negotiating the settlement terms will also give you control over the outcome compared to an unpredictable trial. Hence, you can protect your financial interests and public image.
Endnote
If you work in an industry where asbestos exposure is a risk, the costs of inaction are high. Negligence can prove to be deadly for your business.
Follow the guidelines mentioned above to stay in line with legal requirements and protect your organization and employees.